The High Court has ruled that retrospective changes to the LGPS exit credits regime were lawful – and gave some helpful guidance around the new discretion to pay an exit credit.
Last week saw a significant easing of social distancing measures in England as the Prime Minister confirmed that pubs, restaurants and hairdressers will be able to open from 4 July, provided that they are “Covid-secure”. Two households of any size will now be able to meet inside, regardless of size, and stay overnight – which is convenient given the propensity for rain in the UK!
The changes are particularly welcome in light of the extreme loneliness that many people have faced during the Covid-19 pandemic. Those shielding and in clinically vulnerable groups have faced particularly severe isolation. At Anthony Collins Solicitors, we have been impressed to see a number of charities and churches find new ways to keep their communities connected. Faith Action recently reported on the actions that its members have taken to tackle loneliness during the pandemic. Somewhere Else, a Liverpool church, runs a virtual knitting project called ‘Click and Connect’ and the Adhar Project, a Leicester BAME-focused mental health charity, has seen a huge increase in the number of people being referred to their service and have held virtual yoga, meditation and mindfulness classes online.
Catch up with all the latest charity updates in this week’s news roundup.
Places of worship to re-open for regular services and weddings
On Saturday 13 June, places of worship were finally allowed to open for private prayer for the first time since lockdown began. The Prime Minister’s speech on Tuesday 23 June introduced more changes. From 4 July, places of worship will also be able to hold regular services and weddings with a maximum of 30 people, subject to social distancing. At the time of going to press it is not clear if the limit of 30 people will also apply to regular services and we await the detailed guidance. The Government has published preliminary guidance that is designed to assist places of worship to prepare to open in line with social distancing guidelines. At the time of writing, this guidance only relates to the opening of places or worship for private prayer; we expect an updated version to be published shortly.
Key points that emerge from the guidance include the need to carry out a comprehensive Covid-19 risk assessment and thoroughly clean before re-opening. Trustees may also wish to consider re-arranging the place of worship to allow for social distancing, making additional hand-washing facilities available and implementing restrictions on capacity. In addition, the guidance emphasises the importance of protecting those who are shielding or clinically vulnerable: trustees may wish to consider setting aside specific times for people in these categories to visit for individual prayer.
For more information, read our Regulatory team’s e-briefing on how places of worship can re-open safely.
Charity Commission opens statutory inquiry
On 22 June, the Charity Commission announced that it has opened a statutory inquiry into Charr Yarr Welfare Foundation Limited, a Yorkshire education charity. The inquiry was opened following serious regulatory concerns, particularly in respect of its finances.
The charity had made grants totalling £27,200 to a partner charity based in Pakistan but was unable to provide any receipts for these payments. The charity’s accounts were also submitted late in two successive years. After the Charity Commission made two compliance visits and issued guidance and an action plan to the charity, the trustees again failed to file the charity’s accounts on time.
The report emphasises the importance of filing accounts on time. Though the Charity Commission has shown some leniency during the pandemic, charities should always seek an extension if they have concerns that they may not be able to file on time. For more information and advice, please speak to your usual ACS contact or another member of the team.
FRC publishes updated guidance for AGMs
Following the publication of the Corporate Insolvency and Governance Bill 2020, the Financial Reporting Council has updated its Q&As in respect of best practice for AGMs. The Bill contains a number of temporary measures to help companies manage the impacts of the Covid-19 pandemic, though these measures are permissive rather than prescriptive.
The guidance encourages companies to monitor and regularly review their position in relation to physical and virtual meetings and strike a balance between the safety for their members and members’ expectations to be given opportunities to engage with the board. The guidance suggests that in some cases it may be possible to hold a physical meeting with a representative selection of members. It also sets out some advice regarding communication with members, such as providing clarity on proxy voting and explaining the procedure for any virtual or physical meeting before the meeting.
For more information about charity and company governance, click here to read our Company Secretary Update.
Unprecedented volume of donations expected for charity shops
A survey carried out by WRAP UK estimated that around 67 million items of clothing have been set aside by British households for disposal. Many of these items will be donated to charity shops whose volunteers will then have to sort through them. Shops may then face problems with storing such large amounts of stock and find it difficult to sell it on if customers do not readily return to the high street.
In our 8 June Newsletter, Natalie Barbosa noted how charities are finding more sustainable ways of doing things during the pandemic. Many charity shops are encouraging customers to donate clothing and other textiles through instore collections, which is an often-underused method for recycling clothing. WRAP UK also reported that 50% of those surveyed were now actively committed to reducing their clothing waste – an encouraging statistic for both the charities sector and the environment.
If you would like more details about anything in this newsletter, please speak to Phil Watts, email your usual ACS contact or contact us via the ACS website.
Phil Watts is Senior Associate in the charities and social business team and has been advising charities of all shapes and sizes on a wide range of issues for over 25 years. During lockdown, Phil has enjoyed walking more than ever before and has discovered lots of new things about the area in which he lives! He has also developed a greater appreciation for his garden, which has received a new level of tender loving care this year!
The Government has brought forward draft laws to allow independent schools to close the Teacher’s Pension Scheme to new joiners but to allow existing members to continue.
The Government has started consultation on the regulations providing the detailed framework for collective money purchase pension schemes.
In June we took on the challenge to become a Sepsis Savvy organisation - I'm really pleased to announce we've done it!
In 2020 the court rules were changed to require that all residential tenants must be given 14 days’ notice of an eviction. What happens though if the eviction is cancelled on the day?
We are delighted to announce that our private wealth law department has continued to maintain its Band 2 position in the latest edition of Chambers and Partners High Net Worth.
The new CHF is set to launch and open for applications with £4 million set to be allocated to community-led housing groups to support an increase the supply of affordable housing in England.
Charities, like other organisations, may be subject to or choose to voluntarily comply with the reporting requirements under the Modern Slavery Act 2015.
The draft regulations making it mandatory for anyone entering a registered care home in England to have been double vaccinated unless they are clinically exempt were made on 22 July 2021.
Doug Mullen and Michelle Knight discuss the recent judicial review of regulations changing the regime governing exit credits in the local government pension scheme.
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